Legal Question in Family Law in California
visitation modification
My husband has a court date in two weeks to modify his current visitation order. The current order he has allows him to have his son on wednesday and thursday (during his days off) every week. He has recently changed jobs and now has saturday sunday off. His ex is against letting him have his son every weekend. But rather every other weekend. Which would give him less visitation that he has had since their divorce two years ago. How should he approach this in court? His ex is stating that they make family plans on the weekends. She does not work. She choses to make her family plans around her new husbands work schedule.
2 Answers from Attorneys
Re: visitation modification
The court is not likely to allow him to have visitation every weekend. As Mr. McCary stated that are many possibilities. Such as after school until school starts on Thursday, vacation, holidays and summer time vacation.
Re: visitation modification
He should approach the court with an attorney. She has a good point that she wants to be able to spend weekend time with her son, but there are many other ways that can allow your husband to keep his time with his son and allow her to have weekend time. There are many things that can happen in a child custody hearing. Having an attorney who can offer suggestions to which the court would be open is invaluable. Good Luck, Pat McCrary